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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105133
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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JA: . What seems to be the problem? Customer: Yes,

Customer Question

JA: Hi. What seems to be the problem?
Customer: Yes, I want to change my status from h1 to b2.
JA: The Immigration Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: Yes, what information do you want from me?
JA: Anything else I can tell the Immigration Lawyer before I connect you two?
Customer: Company name.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and connect you two.
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Are you currently still on payroll for your H-1B?
Customer: replied 6 months ago.
Hi, I am not, the last pay roll is in Feb/15
Customer: replied 6 months ago.
Is it possible to make the application successful if I submitted it next Monday?
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Unfortunately, no. You have to be IN a status to be able to change or transfer status. Since you are out of status, you cannot get into B-2 or H-1B or any other non-immigrant and most immigrant statuses unless you leave the U.S. There used to be a 30 day grace period that if you could find a new employer to file a new H-1B petition for you, USCIS would "look the other way" and approve the transfer, but not anymore. So unfortunately, you have begun to accrue unlawful presence since you came off payroll. When you reach 180 days of being unlawfully present, you activate the 3 year bar that you cannot come back to the U.S. for 3 years unless you get a very hard to get waiver. It is 10 years if you stay unlawfully present in the U.S. for a year or more. What most people do in that situation is find a new H-1B employer quickly, have the employer do a new H-1B in Premium Processing, then leave the U.S. and go for new H-1B stamping from outside of the U.S. to come back and the faster you do that, the easier it will be to convince a visa officer that your overstay was brief, reasonable, and would not happen again. I am truly sorry. I wish I had better news for you, but your options are limited because you are out of status and unlawfully present. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Thank you for your kindness and respect. Good luck to you.

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